This excerpt taken from the EBAY 8-K filed Apr 16, 2009.
6.2 Performance of Covenants. The covenants and obligations in this Agreement that Purchaser is required to comply with or to perform at or prior to the Closing Date shall have been complied with and performed in all material respects.
6.3 No Restraints. No temporary restraining order, preliminary or permanent injunction or other order preventing the consummation of the Share Purchase shall have been issued by any court of competent jurisdiction or other Governmental Body and remain in effect, and there shall not be any Legal Requirement enacted or deemed applicable to the Share Purchase that makes the consummation of the Share Purchase illegal.
6.4 Completion of Tender Offer and Share Allocation. The Acceptance Time and the Share Allocation shall have occurred.
Notwithstanding anything to the contrary contained in this Agreement, for purposes of Section 1.3(a), each of the conditions set forth in this Section 6 shall be deemed to be satisfied upon the occurrence of the Acceptance Time without any further action on the part of either party to this Agreement.